SWITZERLAND COURT ORDERS THE ATTORNEY GENERAL TO INVESTIGATE ALGERIAN GENERAL Khaled Nezzar Context Ongoing proceedings against the former Algerian Minister of Defense for alleged war crimes, committed in Algeria between 1992 and 1994 Suspect General in the Algerian army, Minister of Defense in Algeria from 1990 to 1994, and Member of the High Council of State (HCS) from 1992 to 1994 Country of residence of suspect Algeria Charges Various war crimes: torture, extrajudicial killings, enforced disappearances, and other grave breaches of international humanitarian law Developments in 2018 On 30 May 2018, the Federal Criminal Court annulled the dismissal of the case by the Office of the Attorney General. The Court recognized the existence of an armed conflict in Algeria in the early 90s and found that Khaled Nezzar was aware of the massive crimes that were committed under his order. The investigation should go on. In August 2018, a letter signed by the Special rapporteurs on torture and on the independence of judges and lawyers to Switzerland was published by the United Nations. It heavily criticized Switzerland for alleged lack of independence and political interferences concerning the cases against Khaled Nezzar and Rifaat al-Assad. Current status Investigation ongoing Facts From 14 January 1992 to 31 January 1994, as Minister of Defense and member of the HCS, Khaled Nezzar allegedly incited, authorized, and ordered military and public agents to commit acts of torture, murders, extrajudicial killings, enforced disappearances, and other grave violations of international humanitarian law. The dirty war caused the death of around 200,000 persons, and the disappearance of some 20,000 others. Procedure Three torture victims filed a first complaint against Khaled Nezzar in France in 2001, but he managed to leave the country before judicial action could be initiated. In October 2011, TRIAL International filed a new criminal complaint as he was travelling to Geneva. Two victims of torture joined the procedure. He was arrested in October 2011 and interrogated by the Swiss Attorney General. He appealed the procedure before the Federal Criminal Court. In a decision from 25 July 2012, Khaled Nezzar’s appeal was rejected: 65 the court considered that immunities could not be invoked for international crimes. Early January 2017, the Office of the Attorney General of Switzerland dismissed the case, considering that the alleged acts committed by the former Minister of Defense could not be considered as war crimes, on the grounds that there was no war in Algeria when the facts occurred. On 18 January 2017, the civil parties appealed the decision before the Federal Criminal Court. Read more about the case